Mistrial in Transgender Teen Killing

[Duncan Grant]

I searched to make sure this wasn't a dupe. (Please remember that DU has rules about bigotry, thanks.)

<snip>
By MICHELLE LOCKE
Associated Press Writer

HAYWARD, Calif. (AP) -- The trial of three men charged with murdering a transgender teenager ended in a mistrial Tuesday when the jury declared it was deadlocked after nine days of deliberations.

Michael Magidson, Jose Merel and Jason Cazares, all 24, were charged with beating and strangling a 17-year-old who was born Edward Araujo but lived as a girl named Gwen.

One defense lawyer had argued that it was a case of manslaughter rather than murder because of his client's shame and revulsion at discovering he had had sex with a man.

Jurors said they were deadlocked 10-2 in favor of acquitting Merel and Cazares on first-degree murder charges and 7-5 in favor of convicting Michael Magidson.
<snip>
More: http://customwire.ap.org/dynamic/stories/T/TRANSGENDER_KILLING?SITE=APWEB&SECTION=HOME&TEMPLATE=DEFAULT

[Q3JR4]

1. Kind of like another

"gay panic attack" argument. I hope they retry and retry until they get a verdict.

Here we are in the 21st century and still we have to deal with this crap. If they get off I'm going to be so pissed...

[Shakespeare]

2. I am stunned - the details of the crime are horrendous.

Of course, defense counsel was one of the most despicable people I've ever watched (in his comments about the case, and his performance before the jury), so I supposed I shouldn't be that surprised. He argued "gay panic" as if it's a perfectly reasonable and sympathetic response. I'm sickened--and hope they're able to get a conviction on the re-try.

[Dookus]

3. sigh

how is it possible that people can't agree such a murder is illegal?

They will be retried and convicted.

[TexasBushwhacker]

4. How were Merel and Cazares involved?

Do you have any other details about the case? I wonder how the jury split regarding their gender, ie. I wonder if the men voted different than the women.

[MnFats]

5. what the hell? Try them again!

i wonder how effective the prosecutor was....if these jurors bought the 'he asked for it' defense, which it seems happened.
Shit! this is sad.

[m-jean03]

6. Heart-breaking, every time I read of it

Convict the killers already, jeezus x( x( x( :cry:

[smada]

7. Two points

First of all, don't tell me those guys didn't know they were fooling around with a guy. Please!

Secondly, they killed him. It's murder. Period. What's to debate?

[discordian]

12. You'd be surprised how well someone can mask their genitalia

I highly doubt those two guys had any idea that she was transgendered and not a genetic female. From what I've read, it was only oral sex anyway. While these guys were wrong to react the way they did, it's not surprising. Men are programmed from very early ages that their gender roles are a certain way and to violate them makes you not a man. When I was pre-op, I had to be very careful what I did as any time I was involved with a straight man, I was taking my life in my hands. Some guys react ok when they find out the girl they're interested in is actually tg/ts, some become homicidal. Transgenderism is still vastly misunderstood by the general public. The misconceptions and confusion that I see in people when they are confronted with the topic are astounding. There have been times when a news item has made transgenderism a topic of conversation and people have shared ideas and thoughts with me (not knowing that I am a transsexual) that have made me very aware that if my situation were known, I would be in grave danger.

[Alenne]

17. It was anal sex

and I think they had some idea. No females I know would have anal sex with someone they barely know and then not let that same person see there breast or genitalia. I think at first individually they were going to let it go but became embarrassed when other people found out.

[m-jean03]

8. Where are the morals of these jurors who

can't recognize hate and murder when they see it?

And how much of America shares this moral depravity? :shrug:

[NashVegas]

9. Looks Like Voluntary Manslaughter

We get passion crimes down here all the time. I can see an easy parallel between finding out the person you thought were doing was the opposite gender of what you thought, and finding out the person you're doing is doing someone else on the side.

[Senior citizen]

10. Passion crimes?

So if I steal a rich Republican's wallet I can get off by claiming that I intensely, passionately hate pukes? I didn't know my feelings had anything to do with it, just did I steal the wallet or didn't I. It should be the same for any other crime, including murder. I don't care if you loved or hated the deceased, I just want to know if you killed them or not. Period.

Also, I do not believe that I can get off for stealing a wallet by proving that the victim had committed arson or espionage. If I'm charged with stealing the wallet, the court wants to know if I did it or not, and they don't care how despicable the victim was. It should be the same with any crime, including rape and murder. If somebody deceives you or betrays you, you are free to distance yourself from them, or seek legal redress if you were harmed, but not to kill them.

Crimes of passion, like crimes of honor, are barbaric and have no place in a civilized society. I realize this is a country where people were acquitted of lynchings because their victims were black, but that doesn't make it right. No matter who the victim is, or what their crime, as my momma used to say, two wrongs don't make a right.

[NashVegas]

11. I Don't Believe That's an Adequate Analogy

Wallet thievery ain't quite the same thing, nor is party recognition.

I don't know if you're male or female. Let's for the sake of argument suppose you are female, and you get shit face drunk/stoned/whatever. You're spending the night at your boyfriend's house and the guy you suppose to be your boyfriend pads into the darkened bedroom and fucks your brains out. Long after the fact, you realize it was not your boyfriend, but his roommate. You stew on this new knowledge, that you've basically been raped, for an hour or two and get so enraged you shoot him.

(I know, it's not exactly a realistic situation, but still ...)

Murder, or voluntary manslaughter?

[pschoeb]

14. depends

If the guy suddenly came back in the room after she realized it was him, and she killed him with a gun that just happened to be there, it might be possible. If the woman activily searches for him armed with a gun, or invites him over to a party and shoots him, then no, there is no crime of passion.

Patrick Schoeb

[Cronus Protagonist]

19. Murder. You could have walked away

And had counselling, but you insisted on plotting and acting out a killing.

ANYBODY BUT BUSH

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[Cronus Protagonist]

16. You're the voice of sensibility here

You saved me having to post much the same. Thanks for being so sensible.

ANYBODY BUT BUSH

Click here for "ANYBODY BUT BUSH", and other fair and balanced yet stunning buttons, magnets and stickers

[pschoeb]

13. bullshit

If some one supects their lover of cheating, and then sets up a situation to test that, by say faking their leaving and hiding in the closet with a friend to help. Then both kill the cheaters when discovered. I'm not sure if that would fit the bill.

That's what happened in this case, the guys who had sex with the victim got together with some who did not and decided they suspected the victim was male, then planned this confrontation to prove it one way or the other, with evidence put forward by a witness that they planned to kill the victim if she were male. There really could have been no shock in discovering the victim was male, since they suspected it strongly enough to create this confrontation. knowingly putting yourself in a provocative situation, you can't claim provocation.

Also the victim was tied and placed in the garage(kidnapping) before she was strangled by one of the perpetrators. Whereas the initial attack could possibly have a claim of provocation(I don't agree but it's possible to argue). sufficient time elapsed between the victims inital attack and the strangulation to preclude crime of passion. The witness and forensic evidence both point to an hourslong attack, where the victim was alive for several hours.

second degree murder should be a no brainer, possible first degree for the strangler.

Most crime of passion defenses are bs anyway

Patrcik Schoeb

[Duncan Grant]

15. Warning: Defendant Details Grisly TG Teen Killing

This article details the events of Gwen's murder: http://www.kron.com/Global/story.asp?S=1151015

I'm only posting this link because someone asked for details of the case; plus it may offer a bit more context to any discussion about 'crimes of passion'.

Warning: The murder is described in full detail. Personally speaking, I'm very angry about this but since this is LBN, I just want to present links to the story. I don't have the vocabulary to offer my personal thoughts about this, yet.

[Cronus Protagonist]

18. How sad

Is that a picture of her? She was beautiful. What a shame she had to live with such neanderthals that it cost her life simply to be who she was.

ANYBODY BUT BUSH

Click here for "ANYBODY BUT BUSH", and other fair and balanced yet stunning buttons, magnets and stickers

[Duncan Grant]

21. Yes, that's Gwen's photo.

Here are the men who had a 'panic' attack. :grr:

The Men Charged in Brutally Beating Eddie 'Gwen' Araujo to Death.
From left: Jose Merel, Michael Magidson and Jaron Nabors.
Chronicle photo by Paul Chinn

[Alenne]

22. This story makes me so angry

There were other people in the house who could have helped her. They let them beat her death. They didn't even help her and I don't understand. She was a person and I don't understand.

[Alenne]

20. Sad is not a strong enough word.

I am so angry. This is truly disgusting.

[Duncan Grant]

23. I have the same feeling.

It's horror.

[NashVegas]

24. What I'd Like to Know

And can't seem to find: how much time passed between each - a) the sex, b) the suspicion Gwen was a he, c) the confirmation of this and d) the violence done.